imamiah jurisprudence

Assisted reproductive technology (ART), including laboratory-assisted fertilization and fetal research, has raised expectations for many individuals struggling with infertility. However, it has also given rise to complex legal issues and sparked ethical and social debates that demand further clarification. Undoubtedly, laboratory-assisted fertilization represents a relatively new medical field, and ongoing advancements in medicine and emerging opportunities present continuous challenges in addressing these questions. The main question explored in this research is: How is the legal status of laboratory-fertilized embryos viewed in Islamic jurisprudence, Iranian law, and German law? Findings indicate that in Germany, guidelines aim to prevent the creation of surplus embryos. However, specific laws regarding the management of such embryos do not exist. Laboratory surrogacy is prohibited in Germany unless the woman's own oocytes are used in the process. Approving legislation for embryo donation to infertile couples is considered a significant but insufficient step in this context. Several important issues remain unanswered and ambiguous in the current law, requiring attention from lawmakers in subsequent revisions. In Iran, the most significant law is the Act on Embryo Donation, ratified in 2003, which necessitates revision. Regarding Islamic jurisprudence, a comprehensive opinion is challenging due to the lack of consensus on the status of laboratory-fertilized embryos. The research methodology employed here is descriptive-comparative.

Criminal mediation, as one of the manifestations of restorative justice, is a three-way process that begins based on the prior agreement of the victim and the offender with the presence of a third party named mediator in order to resolve disputes and issues arising from the crime. This process may be presented in three forms: customary, voluntary or formal mediation. The transition from a criminal policy based on criminalization and maximum punishment to alternative methods such as mediation will both reduce criminal inflation and provide the basis for repairing the broken tissues of society. Therefore, the present study intends to use a descriptive- analytic method to answer the question that which group of religious crimes can be referred to mediation based on jurisprudential principles. The conclusion is that all the Hadds </em>(fixed religious punishments) and  T’azirs</em> (unfixed punishments) related to rights of people as well as retaliation can be mediated with the plaintiff, so the reasons for prohibiting intercession within the Hadds</em> do not include the Hadds</em> related to the rights of people. On the other hand, mediation with the ruler, which is also called Shafa’ah</em> (intercession) can be applied only in crimes against God and when the accused has repented and the evidence has not yet been presented to the judge. Intercession is also possible in all cases where the judge has the power to pardon. Therefore, the legislative’s position in confining mediation to sixth to eighth degree T’azir</em> offenses has no sufficient justification.

The Iranian Civil Law, although adopted during the Pahlavi dynasty and the rule of the Western cult over the ruling system of Iran, the revision to the law after the Islamic Revolution and the rule of the Islamic system did not change much. The present article attempted to reveal the secret of this stability by introducing the origins of this law and its domestic and external sources. The examination of civil law documents is possible through both case and general approaches. This article adopted a comprehensive and general approach based on the reliable reports of prominent civil law professors and the researcher's findings. The result showed that the main source in regulating the articles of civil law has been Imamiah jurisprudence from the inception and impact of the foreign law on the form and content is very slight and its content instances are controversial among experts. However, in the very content instances, an attempt was made to actively pass the civil law articles through the localization process. As a guiding principle in the interpretation of the provisions of civil law, this has always been of practical interest to jurists and judicial procedures..

Accepting the sexual instinct, to respond to it, and with its full knowledge of all that benefits or corrupts the world, Islam has offered a comprehensive and wise system in harmony with the system of family law and the ruling system. The use of the word Bud‘ in jurisprudential texts, the existence of differing views in explaining its nature, the claim of women over the Bud‘ and the related effects of such ownership on the one hand, and the similarity of this view with the claim of women's sexual ownership over the Bud‘ on the other foster such doubtful issues as the possibility in Islam of having sex with women as a deal. In this research, the nature of the Bud‘ and the discovery of the ruling system of sexual interests in women in Imamiah jurisprudence has been studied by a descriptive-analytical method and documented. The findings of the study identify the nature of Bud‘ in all aspects of sexual interest and while explaining the kind of relationship between a woman and Bud‘ deals with cases where the exploitation of women's interests is prohibited as well as the exclusive right of women to delegate sexual interests being subject to proper marriage.

Islam as a comprehensive and eternal Sharia is introduced in Qur’an and Hadiths of the infallibles as an easy taking religion, and several reasons prove this quality of the religion. There is no doubt that the most important parts of the religion which deal with the acts of the people are the jurisprudential laws that are elicited from the early sources by the scholars (Mujtahids) and offered to their followers in the Absence era. In the present time given the long interval between the Fatwas and emergence of the Qur’anic verses and the Hadiths and some other factors, the Islamic jurisprudence especially it’s Shi’a branch has faced difficulties at least in some cases. This difficulty in addition to showing inability of the Islamic jurisprudence to respond to the needs of the contemporary mankind contradicts with the soul of the Islamic jurisprudence that is leniency for the people. The present paper has studied some factors taking effect on the difficulty of some Fatwas of the Imamiah Jurists. The conclusions of the research can help the young clergies and those who are near to reach Ijtihad (scholarship in jurisprudence) to be committed to the soul of the Islamic jurisprudence and remove difficulties of some Fatwas.

One of the incidents that may occur for any person during the life is a debt on him/her that sometimes becomes forgotten and the owner may has passed away or is not accessible due to other reasons. According to Islam, this debt remains on the person and since the source of obtaining the property has been intentional or unintentional cruelty and violation, the debts are called “Madlamah” or “Madalim” (Plural of “Dulm” i.e. cruelty or injustice). The issue is discussed under the title of “Radde Madalim” (return of the above mentioned debts). The present paper has studied the term of “Madalim” lexically and idiomatically in addition to issues like: necessity and importance of Radde Madalim, the difference between Madalim and the property with unknown owner, the extent and the cases of Madalim, the position of the rights of people in the Qur’an and the Hadiths, the definition of Madalim in the statements of the jurists, some jurisprudential rules of Radde Madalim and the opinions of some prominent jurists.

One of the important jurisprudential issues is the sale of blood that is discussable as new problem. Given that in the beginning of Islam and after that at the time of early Shiite jurists the legitimate use of blood has not been usual, the jurisprudential sources and Fatwas show its illegitimacy. But since nowadays there are several benefits and uses have been discovered in the blood especially human blood, it can be asked that what is the real meaning of the reasons considered to prove prohibition of the issue and to what extent they apply? Do they include the human blood especially in medicine? In the case of legitimacy of use, is the sale of blood permitted? Given the reasons of prohibition and eternality of the Islamic rules, do time and conditions affect the Islamic rules? The present paper after defining the terms, at first has studied the general conditions of concluding the sale of blood and then the content and extent of the reasons of its prohibition and finally has discussed the content and extent of its legitimacy.

There is no doubt that the family as a core has a fundamental and important role in security and health of the society. Therefore, Islam as a comprehensive and developed school has determined some conditions for constituting this holy institution and forming marriage to protect the health and security of the society and the human dignity. One of the conditions is the guardianship (Vilayah) of the father and the grandfather (father of father) over the son and daughter in marriage that is doubted and criticized by some persons and communities that have not enough knowledge about the Islamic progressive teachings. The present paper studies the issue from perspective of Imamiah jurisprudence and the Islamic Republic of Afghanistan’s laws. The traditions and the statements of the jurists show that the guardianship of father and grandfather (father of father) over the immature children is a presumed and accepted matter due to its protective aspect and the Civil Code of Afghanistan also has accepted the rule, but it has some conditions the most important of which is considering the benefits of the children. About the mature male children the jurists unanimously reject the guardianship. While there are different ideas about the mature virgin female children among the Imamiah jurists, the Civil Code and the “prohibition of violence against women act” of Afghanistan see the permission of the guardian (father and grandfather) unnecessary for this group of children both virgin and non-virgin following the Hanafit jurisprudence. The present paper has studied the position of permission of the legal guardian and its enforcement guarantee in marriage from perspective of Imamiah jurisprudence and the Civil Code and “prohibition of violence against women act” of Afghanistan and the findings are presented.

Article 387 of the Iranian Civil Code, following the Imamiah thinkers, has prescribed the termination of sale in the case of the destruction of sold object before delivery to buyer without seller's encroachment or negligence. Now, the question is whether this rule is valid, and if the answer is affirmative, is the aforementioned rule applicable in case of price loss before delivery as well? Criticizing the grounds of this rule, this paper has concluded that they are not of sufficient strength. Accordingly, based on the opinion selected by the authors namely the failure of compensation for the weakness of source by the conduct of famous Imamiah jurists, absence of the conduct of wise men for imposing the losses resulted from loss on the seller, possibility of the claimed idjma (unanimity) to have a proof as well as the immediate transfer of ownership upon the contract conclusion, the buyer must suffer the losses. Correspondingly, the rule of article 387 is exceptional and its basis has not been followed by other articles of the Civil Code. It is noteworthy that the Convention on International Sale of Goods (CISG) has adopted this rule and despite confirming the immediate transfer of ownership upon the contract conclusion, has not accepted the transfer of risk to the buyer before delivery.

There is disagreement as to the acceptance or rejection of contractual liability in Islamic jurisprudence. Like many other topics, there could not be found a distinct discussion regarding the question at hand in Islamic jurisprudence, and materials must be attracted from here and there.This article deals with a case study of this topic in the contract of muzara’ah (agricultural partnership). Thus, after a survey on the nature of this contract, it goes on studying the breach of contract by cultivator and agent separately. From this study, it could be concluded that, as against the famous view, acceptance of damages for breach of contract is favored by some Imamiah jurists and could be supported.